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1 The County School 

^_^ Text Book Law 
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HfTVw\arTr«K 



Kentucky 
Department 
of Education 




THE COUNTY SCHOOL TEXT BOOK LAW. 



Section i. There is hereby created in each county within 
the State a County Text Book Commission, which shall con- 
sist of the County Superintendent of Schools, two members 
of the County Board of Examiners, the Principal of a High 
School in the County, to be appointed by the State Board of 
Education, and one member of the County Board of Educa- 
tion elected by said County Board, provided that no person 
shall serve on said Commission who is the author of any text 
book published for use in the common schools, or who has 
been in the employ as a traveling salesman, or otherwise of 
any publisher of school text books within a period of two 
years prior to the passage of this act. 

Section 2. Vacancies on the Commission resulting from 
the disqualification of the County Superintendent, Principal of 
the County High School, or member of the Board of Exam- 
iners, shall be filled by the State Board of Education. Vacan- 
cies resulting from other causes shall be filled as prescribed by 
law for original members. 

Section 3. Each member of said Commission shall qualify 
by taking and subscribing to an oath faithfully to discharge his 
duties as required by this law, and the said affidavit shall be 
filed in the of^ce of the clerk of the county court of the county. 

Section 4. The members of the County Text Book Com- 
mission, as thus constituted, shall meet on the call of the 
County Superintendent in his office during the month of April 
of the years in which existing contracts expire, and shall or- 
ganize. The County Superintendent shall be ex- officio Chair- 
man of the Commission, and a Secretary shall be elected from 
the membership. The Chairman shall preside at all meetings 
of the Commission. The Secretary shall keep complete re- 
cords thereof, and all such records and all contracts shall be 
signed by the Chairman and Secretary. 

Section 5. Not less than sixty days before the expiration 

D. Of 0. 

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of the contracts now in force for furnishing books to the com- 
mon schools of the county, the County Text Book Commis- 
sion shall advertise through one or more county papers, or by 
written notification to all- qualified publishers as hereinafter 
provided, that at a time and place fixed definitely in the adver- 
tisement, sealed bids or proposals will be received from the 
publishers of school text books for furnishing books to the 
common schools of the county, in accordance with the provis- 
ions of this law and such regulations as the Commission may 
prescribe. Such advertisement shall reserve to the Commis- 
sion the right to reject any and all bids. 

Section 6. Such bids or proposals shall be for furnishing 
books during a period of five years and no longer. The bids 
shall state specifically the net contract prices at which books 
are to be furnished to agents within the county and the ex- 
change price to the pupil, and shall be accompanied by a 
specimen copy of every book proposed to be furnished. All 
bids shall be sealed and deposited with the Chairman of the 
Commission to be by him delivered to the Commission in 
executive session, when they shall be opened in the presence 
of the Commission. It shall be the duty of the Chairman of 
the Commission to carefully preserve in his office for compari- 
son the specimen copy of each of the books adopted, together 
with the original bid or proposal, and when requested, to return 
to the publishers the specimen copies of other books submitted 
at their expense. 

Section 7. The Commission shall have and reserve the 
right to reject any and all bids for reasons satisfactory to a 
majority of the Commission. In case of failure to select from 
the bids submitted, a satisfactory text book upon any of the 
branches prescribed by law the Commission shall re-advertise 
for sealed bids under the same terms and conditions, and pro- 
ceed with its investigations as in the first instance. 

Section 8. It shall be the duty of the said Commission 
in each county, during the months of June or July of the years 
in which existing contracts expire, by a majority vote of the 
entire Commission to adopt from the authorized State list, as 




hereinafter provided, a uniform series or system of text books 
for use in the common schools of the county, except in cities 
of the first, second, third, fourth, fifth and sixth classes, and 
to arrange for the distribution of such books to agents at the 
net contract price. The Commission may, from time to time, 
make any regulations not contrary to the provisions of this act 
to secure the prompt and faithful performance of all contracts, 
and the prompt distribution of the books herein provided for. 

Section g. The Commission, in the selection and adop- 
tion of a uniform series of text books, shall consider the merits 
of the books, taking into consideration their subject matter, 
the printing, binding, material and mechanical qualities, their 
general suitability and desirability for the purposes intended 
and the price. The Commission shall select and adopt such 
books as will, in its judgment, accomplish the ends desired. 

Section lo. The uniform series of text books to be se- 
lected by the Commission shall include all the branches re- 
quired by law to be taught in the common elementary and 
high schools of the county, except as herein provided, but no 
text book shall contain anything of a partisan or sectarian 
character. 

Section ii. County high schools having been established 
since the last adoption of text books, it shall be the duty of 
each County Text Book Commission, as herein constituted, by 
or before the 1st of July, 1910, to adopt a uniform series of 
text books for use in such county high schools and such other 
high schools as may not be exempt by law from the provisions 
of this act. Such adoption shall be made in accordance with 
the provisions of this act, and shall be for a term of four years 
from July 15, 19 £0. All adoptions thereafter shall be for a 
term of five years. 

Section 12. After the adoption shall have been made, 
the Commission shall award the contracts and shall, by regis- 
tered letter, notify the bidders to whom contracts have been 
awarded, and shall at the same time notify the State Superin- 
tendent ot the awards made. It shall be stipulated in all con- 
tracts that the net contract prices at which such book or books 




shall be sold to the Commission, or the designated agents of 
the Commission in the county and the exchange price to the 
pupils shall not exceed the lowest net contract and exchange 
prices at which the same book or books are sold under con- 
tract with any other State, county, township or school district 
in the United States, under like conditions of sale and distri- 
bution. 

Section 13. It shall be the duty of the State Superin- 
tendent of Public Instruction to prepare and have printed a 
form of contract between county text book commissions and 
publishers of school books, said form to be approved by the 
Attorney General, and to furnish the same, through the County 
Superintendent, to the several county commissions of the 
State; and no other form of contract shall be used by such 
county commissions and publishers in carrying out the pro- 
visions of this act. 

Section 14. It shall always be a part of the terms and con- 
ditions of every contract made in pursuance of this act that the 
State of Kentucky shall not be liable to any contractor in any 
manner tor any sum whatever, but all such contractors shall re- 
ceive their pay and compensations solely and exclusively from 
the proceeds of the sale of books, as provided for in this act. 

Section 15. For the distribution and sale of adopted 
books to patrons, the County Commission shall arrange with 
at least two responsible merchants or othei agents in the 
county of good financial rating, in locations selected with refer- 
ence to the convenience of said patrons, and shall appoint the 
same as agents, and such agents shall sell the books adopted to 
the patrons and pupils of the common schools at a price not 
exceeding fifteen per cent, advance on the net contract price 
of said books, and out of said excess over the net contract 
price so charged by such agent he shall pay the transportation 
charges on said books. Said agent shall exchange new books 
for old ones displaced by said adoption at the exchange price 
herein provided for during the first year of each and every 
contract made under the provisions of this act. 

Section 16. When any patron or pupil of the common 




schools owning text books adopted for use in said schools 
in the county of his residence shall remove to another county, 
he may deliver such books to any agent or dealer in the 
county from which he has removed and the agent or dealer to 
whom same shall be delivered shall receive and pay him in 
money the exchange value of such books. Provided, that 
only such old books as are whole and in good serviceable 
condition shall be so purchased by said dealer. 

Section 17. The county judge in purchasing books for 
indigent pupils as required by law shall purchase from said 
dealers said second hand books so far as the same may be 
suitable for such purpose and furnish same to the County Su- 
perintendent for the use of said indigent pupils. Provided, 
that no agent or dealer of any county commission shall sell 
any second hand books so purchased, or any second hand 
book to any pupil or patron or to the county judge as herein 
provided at a price higher than ten per cent, above the cost of 
such second hand book. 

Section 18. Any agent or dealer, clerk or other person 
having or selling books adopted under this act, who shall ask 
or receive for any such book more than the lawful price there- 
for, as herein defined, or who shall refuse to exchange new books 
for old at the exchange price herein provided for during said 
period of exchange, or who shall refuse to receive from patrons 
or pupils removed to other counties books owned by them and 
adopted for use in the common schools of the county of such 
agent or dealer and to pay to them the exchange value thereof 
in cash for such old books shall be guilty of a misdemeanor, 
and on conviction shall be fined in a sum not less than fifty nor 
more than one hundred dollars. 

Section 19. It shall be the duty of the State Board of 
Education by the first of September of each year to have print- 
ed a complete list of all the books adopted under the provisions 
of this act stating the highest lawful retail and exchange price 
ot each, and to distribute such lists to county superintendents 
in such quantity as they may request. It shall be the duty of 
the County Superintendent to furnish such lists attested by 




his signature, to all dealers and to the principal teachers of all 
schools in the county, and such dealers and teachers shall post 
the same conspicuously in their sales rooms or school houses. 
Failue to comply with the provisions of this section by any of 
the parties herein named, shall be punishable by a fine of not 
less than ten nor more than twenty dollars/ 

Section 20. The books adopted by the Commission as 
the uniform system of text books shall be introduced and used 
as text books to the exclusion of all others in all the common 
schools of the county, except as herein provided, for a period 
of five years from thedate of adoption, and it shall not be lawful 
for any teacher or other school ofificer to use, or any board of 
education to. permit to be used, any books upon the same 
branches other than those adopted by the Commission. How- 
ever, nothing herein shall prevent the use of supplementary 
books, but such supplementary books shall not be used to the 
exclusion of the books prescribed under the provisions of this 
act. 

Any board of education, trustee or teacher violating the 
provisions of this section shall be guilty of a misdemeanor, and 
upon conviction, be punished by a fine of not less than ten nor 
more than fifty dollars for each offense. 

Section 21. Before the publisher of any school text 
book shall offer the same for sale to any county text book 
commission in Kentucky, said publisher shall file a copy of the 
text book in the ofBce of the State Superintendent of Public 
Instruction, with a sworn statement of the lowest net price at 
which said book is sold anywhere in the United States, under 
State, county, township, district or city contract. Said pub- 
lisher shall file with the State Board of Education a written 
agreement to furnish said book or books to the designated agents, 
as hereinbefore provided, or to any county text book commis- 
sion in Kentucky at the prices so filed, exclusive of transporta- 
tion prices. Said publisher must further agree to reduce said 
prices in Kentucky if reductions are made elsewhere in the 
country, so that at no time may any book be sold in Kentucky 
by the contractor at a higher price than is received for the 




8 

same book elsewhere under State or county contract. Said 
publisher shall further agree that all books offered for sale in 
Kentucky shall be equal in quality to those deposited in the 
office of the State Superintendent as regards paper, binding, 
printing, illustrations and all points that may affect the value of 
said books. 

Section 22. If any publisher shall furnish to any county 
books inferior in any particular to the samples on file in the 
office of the State Superintendent, or shall offer them at higher 
prices than those listed with the State Superintendent, it shall 
become the duty of the County Text Book Commission of said 
county to inform the State Superintendent of the failure of said 
publisher to comply with the terms of his contract. The State 
Superintendent shall thereupon notify the publisher of said 
complaint, and if said publisher shall disregard the notification 
and fail immediately to comply with the terms of his contract, 
then the State 'Superintendent shall institute legal proceedings 
to recover damages on the bond of said publisher. 

Section 23. Before the publisher of any school text book 
shall offer the same for sale to any county text book commis- 
sion in the State of Kentucky, and at the time of filing such 
text book in the office of the State Superintendent of Public 
Instruction, said publisher shall pay into the Treasury of the 
State of Kentucky a filing fee of five dollars for each book of- 
fered by said publisher. A series of books by the same author 
and upon the same subject shall constitute one book for this 
purpose. The fees thus received shall constitute a fund out of 
which, upon requisition made by the State Superintendent, 
shall be paid the expenses of publishing lists and other in- 
formation for the use of the County Text Book Commissions, 
clerk hire and other necessary expenses in connection with 
the filing of all text books submitted for adoption in the State 
of Kentucky. Any balance of such fund remaining on the 
first of January of the fifth year following the completion of 
adoptions shall be placed to the credit of the State School 
Fund. 

Section 24. When any publisher of school text books 




shall file with the State Superintendent the samples and 
lists provided for under this act, said publisher at the same 
time shall be required to file a sworn statement that he has 
no understanding- or agreement of any kind with any other 
publisher, or interest in the business of any other pub- 
lisher, with the effect, design or intent to control the 
prices of such books, or to restrict competition in the adop- 
tion or sale thereof. 

Section 25. If, at any time, any publisher shall enter 
into any understandings, agreement or combination to control 
the prices or to restrict competition in the adoption or sale of 
school books, or if the statements required of said publisher 
in the preceding- sections shall be untrue in any respect, then 
the Attorney General shall institute and prosecute legal pro- 
ceedings for the forfeiture of the bond of said publisher, and 
for the revocation of his authority :o sell books in this 
State, and all contracts made by said publisher under this 
act, shall thereupon become null and void at the option of 
the other parties thereto. 

Section 26. Any person, firm or corporation qualified to 
sell school books in Kentucky under the provisions of this 
act, or any agent thereof who shall, directly or indirectly, 
contribute any money or thing of value to the campaign 
fund of any political party, or to the campaign fund of any 
person who is a candidate for office in this State, or in any 
district or county thereof, or to the campaign fund of any 
person who is a candidate for nomination for an office, or 
shall give any money, or valuable property whatsoever to 
any member of any county text book commission, shall be 
deemed guilty of a misdemeanor, and upon conviction there- 
of, shall be fined not less than one thousand dollars nor 
more than five thousand dollars in the discretion of the jury, 
and such act on the part of said person, firm or corporation, 
or the agent thereof, shall also be considered a breach of 
the bond made by said person, firm or corporation with the 
State, and the venue of action shall be within any county in 
the State where said act is committed, or in the Franklin 
Circuit Court; and the State Board of Education, or any 
one of the county text book commissioners, or any mem- 




10 

ber thereof in the county where the offense is committed, 
shall have the right to prosecute an action for the breach 
of said bond, and the amount recovered for said breach 
shall be turned over to the Treasury of Kentucky for the 
benefit of the State School Fund. 

Section 27. Any member of any county text book com- 
mission who shall solicit, accept or receive any money, gift 
or any property or favor whatsoever from any person qualifi- 
ed to sell text books in Kentucky, or any agent thereof, or 
any person in any way interested in the sale of such text 
books shall be deemed guilty of a misdemeanor and upon 
conviction, shall be punished by a fine not exceeding one 
thousand dollars, or by imprisonment in the county^; jail for 
not more than six months, or by both such fine and impris- 
ment. 

Section 28. To insure compliance with the aforesaid 
conditions under which school text books may be sold in the 
State of Kentucky, the publisher shall file with the State 
Board of Education a bond of not less than two thousand 
dollars nor more than ten thousand dollars, the amount to 
be fixed by the State Board of Education upon compliance 
with the provisions of the preceding sections, and the bond 
to be approved by said board. The publisher shall thereupon 
be qualified to sell school books in this State. 

Section 29. Any publisher who shall offer for adoption 
to any text book commission school text books of any kind 
without first qualifying under this act, shall be guilty of 
a misdemeanor, and upon conviction, shall be fined not less 
than five hundred dollars nor more than five thousand dollars. 




TEXT BOOK COMMISSIONS FOR CITIES. 



Section 30. The Board of Education in a city of the 
first, second, third, fourth, fifth or sixth class, shall consti- 
tute the Text Book Commission for such city, and as such, 
its powers, duties, restrictions and penalties shall be identical 
with those provided by law for county text book commissions; 
provided that the members of such Board acting as a text 
book commission shall receive no compensation for their ser- 
vices, and provided further that if any member of said Board 
shall be or become ineligible to serve as a member of the Text 
Book Commission, then the other members of the Board are 
hereby empowered to fill the vacancy on the Text Book Com- 
mission thus created. 

Section 31. The provisions of this law shall also apply 
to all corporations, firms, or individuals concerned in any 
way in the selection, adoption, sale or use of common school 
text books in cities of the first four classes. 

Section 32. All laws and parts of laws in conflict with 
the provisions of this article are hereby repealed. Provided, 
however, that the provisions of contract and oblig-atioas im- 
posed by law under which the existing State contract for 
uniform text books was made shall remain in force, and all 
contractors thereunder shall continue to be held liable under 
their bond for the faithful performonce of said existing- con- 
tracts until the expiration of the same. 



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